Saturday, June 18, 2011

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Any ideas? (My wife and son are in india now). Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.

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sanam9696

07-20 07:16 PM

Thanks everyone for replying. However, the opinions seems to be conflicting. Is there a place where I can verify precisely what the law says? I have not stayed outside the US for more than 3 months since 2002. Does this exempt me from the cap? I need to be sure, otherwise, I would have to apply for a H1-B right now with a consultant who is ready to sponsor me. I'm quite reluctant to do this because the work involved with the consultant is not in my field and does not allow for good long term prospects. Plus there might be contractual obligations. Please advice.

Thanks very much, Sick with worry.

Few months back I had a talk with a immigration lawyer retained by my school and he informed me that H1-F1-H1 is not part of the quota..even I was under the same impression as you..but lawyer firmly confirmed the above fact...so u r pretty safe..

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desi3933

06-30 01:56 PM

.... I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

Mr./Ms. P. Saxena -

Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

Hopefully this clears your confusion,

Have a good day!

desi3933

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GCBy3000

02-07 09:54 AM

You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.

If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.

Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.

It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.

No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.

hi, i am same as u r case. u HAVE TO request your attorney or u r self should raise a service request and take infopass to start the processing case..unless u do something about it..they wont apply eb3 PD to EB2 pd autaomatically..they dont ahve any tracking system to do it.. U have to fight for it..and raise service requests etc..

My friend, to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.

How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.

Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.

I had same problem. I was told to re -apply after i called in feb (after 30 days of approval). Next day I called again, and used s**t word on them. Then they told me that they might not have sent it. Meanwhile I also got status change of case transfer. Few days ago status changed to document sent. I am waiting for the document. Hopefull I get it. At any cost I will not spend a penny on immigration anymore let alone re-applying for AP. I rather party or do charity with that money!

I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.

Correct me If I'm wrong.

Here is the Actual update link from USCIS.gov http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

You can go to USCIS.gov page and look for the press releases.

New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.

Good luck.

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pappu

08-15 08:41 AM

what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants?? do they have any word to say in this deep visa retrogression for indian origin?

they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.

My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead". Questions : 1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.

She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.

2. What will happen to her case if something happens and I pass away while she is waiting?

3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.

4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".

Your help would be much appreciated.

First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).

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gcdreamer05

12-18 08:33 PM

hi goel,

Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.

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sanju_dba

09-27 01:26 PM

Dear Admin, can you please delete above post by eastindia! EastIndia : 94% of the voters know how to use it, and I hope you are one among them.

a_yaja

07-19 09:56 AM

I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.

He can always file an amendment and pay up the money. In the amendment - he can state that he took the credit by mistake. Not sure if there is a time limit for filing amendment if you have to pay money. I know that there is a three year limit if you want to file for amendment and want to get a return/ refund.